The court of common pleas may grant divorces for the following causes:
(A) Either party had a husband or wife living at the time of the marriage from which the divorce is sought;
(B) Willful absence of the adverse party for one year;
(C) Adultery;
(D) Extreme cruelty;
(E) Fraudulent contract;
(F) Any gross neglect of duty;
(G) Habitual drunkenness;
(H) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
(I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party;
(J) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
(K) Incompatibility, unless denied by either party.
A plea of res judicata or of recrimination with respect to any provision of this section does not bar either party from obtaining a divorce on this ground.
Notes of Decisions
Cited in 85
cases (11 in the last 5 years), 1953–2026 · leading case: Yenni v. Yenni, 2022-Ohio-2867.
Yenni v. Yenni, 2022-Ohio-2867. · cites it 6דWife’s complaint put Husband on notice that she sought a divorce based upon any and all grounds listed under R.C. 3105.01, satisfying the rigors of Civ.”
Lehman v. Lehman, 593 N.E.2d 447 (Ohio Ct. App. 4th Dist. 1991). · cites it 11דIn that regard, the General Assembly has set forth specific statutory grounds for divorce in R.C. 3105.01 which establish this state’s public policy framework for terminating the marital relationship.”
Morris v. Morris (Slip Opinion), 2016-Ohio-5002, 69 N.E.3d 664. · cites it 2דSee R.C. 3105.01. In resolving a complaint for divorce, a trial court is required to make a determination of separate property and marital property, a property- division award, a determination of the allocation of parental rights and responsibilities and child support, and—after…”
Boyd v. Edwards, 446 N.E.2d 1151 (Ohio Ct. App. 8th Dist. 1982). · cites it 5ד6 R.C. 3105.01, Grounds for divorce: “The court of common pleas may grant divorces for the following causes: “(K) On the application of either party, when husband and wife have, without interruption for two years, lived separate and apart without cohabitation, and four years in…”
Condit v. Condit, 943 N.E.2d 1041 (Ohio Ct. App. 1st Dist. 2010). · cites it 5דGrounds for Divorce — Living Separate and Apart {¶ 15} In his fourth, fifth, and seventh assignments of error, James takes issue with the trial court’s decision granting a divorce on the basis that the parties had “without interruption for one year, lived separate and apart…”
Cassaro v. Cassaro, 363 N.E.2d 753 (Ohio Ct. App. 8th Dist. 1976). · cites it 4דThe court erred in granting a divorce under Section 3105.01 (K) of the Ohio Revised Code where the alleged living apart without cohabitation for a period of two years preceded the effective date of the statute.”
Broach v. Broach, 895 N.E.2d 640 (Ohio Ct. App. 2d Dist. 2008). · cites it 10ד{¶ 14} R.C. 3105.01 provides that a court of common pleas may grant divorces on proof of any one or more of 11 separate causes.”
Gross v. Gross, 464 N.E.2d 500 (Ohio 1984). · cites it 2דAlthough the Ohio Act does not eliminate the laws relating to divorce based upon fault of one party that are set forth in R.C. 3105.01, 9 the new Act is a further legislative recognition of the right of married parties to contract regarding a breakdown of a marriage, as had been…”
Marrs v. Mickel, 2023-Ohio-4528. · cites it 3דOn October 23, 2019, Mickel filed an answer and counterclaim for divorce in which she denied Marrs’ allegations of neglect, adultery and cruelty against her and alleged that Marrs had “acted or, * * * failed to act, in a manner which entitles [Mickel] to a divorce” pursuant to…”
Michael D.C. v. Wanda L.C., 497 S.E.2d 531 (W. Va. 1997). “CentCode § 14-05-03(1) (1991); Ohio Rev.Code Ann. § 3105.01(c) (1995); Olda.”
Dailey v. Dailey, 463 N.E.2d 427 (Ohio Ct. App. 2d Dist. 1983). · cites it 4ד” R.C. 3105.01 reads, in pertinent part, as follows: “The court of common pleas may grant divorces for the following causes: * * “(K) On the application of either party, when husband and wife have without interruption for two years, lived separate and apart without cohabitation,…”
Carnes v. Carnes, 2015-Ohio-2925, 38 N.E.3d 1214. · cites it 5ד{¶17} Thus, Molly met the first prong of the Civ.”
Marrs v. Mickel, 2023-Ohio-4528. “On October 23, 2019, Mickel filed an answer and counterclaim for divorce in which she denied Marrs’ allegations of neglect, adultery and cruelty against her and alleged that Marrs had “acted or, * * * failed to act, in a manner which entitles [Mickel] to a divorce” pursuant to…”
Broach v. Broach, 895 N.E.2d 640 (Ohio Ct. App. 2d Dist. 2008). “{¶ 14} R.C. 3105.01 provides that a court of common pleas may grant divorces on proof of any one or more of 11 separate causes.”
Pater v. Pater, 7 Ohio App. Unrep. 22 (Ohio Ct. App. 1st Dist. 1990).
Broach v. Broach, 895 N.E.2d 640 (Ohio Ct. App. 2d Dist. 2008). “{¶ 14} R.C. 3105.01 provides that a court of common pleas may grant divorces on proof of any one or more of 11 separate causes.”
Lemon v. Lemon, 537 N.E.2d 246 (Ohio Ct. App. 4th Dist. 1988).
Ohio Rev. Code § 3105.01(J): 10 cases
Condit v. Condit, 943 N.E.2d 1041 (Ohio Ct. App. 1st Dist. 2010). “Grounds for Divorce — Living Separate and Apart {¶ 15} In his fourth, fifth, and seventh assignments of error, James takes issue with the trial court’s decision granting a divorce on the basis that the parties had “without interruption for one year, lived separate and apart…”
Broach v. Broach, 895 N.E.2d 640 (Ohio Ct. App. 2d Dist. 2008). “{¶ 14} R.C. 3105.01 provides that a court of common pleas may grant divorces on proof of any one or more of 11 separate causes.”
Boyd v. Edwards, 446 N.E.2d 1151 (Ohio Ct. App. 8th Dist. 1982). “6 R.C. 3105.01, Grounds for divorce: “The court of common pleas may grant divorces for the following causes: “(K) On the application of either party, when husband and wife have, without interruption for two years, lived separate and apart without cohabitation, and four years in…”
Lehman v. Lehman, 593 N.E.2d 447 (Ohio Ct. App. 4th Dist. 1991). “In that regard, the General Assembly has set forth specific statutory grounds for divorce in R.C. 3105.01 which establish this state’s public policy framework for terminating the marital relationship.”
Dailey v. Dailey, 463 N.E.2d 427 (Ohio Ct. App. 2d Dist. 1983). “” R.C. 3105.01 reads, in pertinent part, as follows: “The court of common pleas may grant divorces for the following causes: * * “(K) On the application of either party, when husband and wife have without interruption for two years, lived separate and apart without cohabitation,…”
Carnes v. Carnes, 2015-Ohio-2925, 38 N.E.3d 1214. “{¶17} Thus, Molly met the first prong of the Civ.”
Ohio Rev. Code § 3105.01(c): 1 case
Michael D.C. v. Wanda L.C., 497 S.E.2d 531 (W. Va. 1997). “CentCode § 14-05-03(1) (1991); Ohio Rev.Code Ann. § 3105.01(c) (1995); Olda.”
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